If a person is aggrieved by the misconduct of such licensed pawnbroker, and recovers judgment against him or her therefor, after the return, unsatisfied, either in whole or in part, of an execution issued upon such judgment, such person may maintain an action in his or her own name upon the bond of such pawnbroker, provided the court, upon application made for that purpose, shall grant such leave to prosecute.
9 V.S.A. § 3864