Section 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.