§ 778. Prosecution of undertaking by person aggrieved. The order
directing the undertaking to be prosecuted, may, in the discretion of
the court, direct the prosecution thereof, by and in the name of any
party aggrieved by the misconduct of the accused. In such a case, the
plaintiff may recover damages, to the extent of the loss or injury
sustained by him, by reason of the misconduct, together with the costs
and expenses of prosecuting the special proceeding in which the warrant
was issued; not exceeding the sum specified in the undertaking.