Court may acquit of stealing and find guilty of unlawful trespass and shall assess damages

(1) On the trial of any person for stealing any boat mentioned in section 41, a court of summary jurisdiction may acquit the person charged therewith of the felony, and find him guilty of an offence under section 41 of this Act, and it may upon such conviction adjudge the person so convicted to be imprisoned, for a term not exceeding six months. (2) The court, on convicting any person of the offence of unlawful trespass under subsection (1) of this section, shall assess the damage thereby occasioned to the person aggrieved, and the clerk of court shall insert in the record of such conviction the amount of damage so assessed, and the amount of the cost of prosecution allowed. costs.