Any person who, by himself or by another in his employ, shall without the consent of the owner thereof take, boom or manufacture any log, spar, spile, boomstick, railroad tie, post, shinglebolt, timber or lumber not his own, floating upon, lying or being in any river, stream, lake, pond, bay, inlet, bayou or any other water in this state, or in any boom therein or on or near the bank or shores thereof, or who shall cut off, cut out, deface or destroy any mark upon any log, spar, spile, boomstick, shinglebolt, timber, railroad tie, post or lumber lying or being as aforesaid, or who shall mark, or place any mark upon any log, spar, spile, boomstick, shinglebolt, timber, railroad tie, post or lumber lying or being as aforesaid, or who shall mark or place any mark upon any log, spar, spile, boomstick, shinglebolt, railroad tie, post, timber or lumber lying or being as aforesaid, shall be liable to pay the owner thereof, by way of damages, 3 times the value of said log, spar, spile, boomstick, shinglebolt, timber, railroad tie, post or lumber to be recovered in an action of trespass on the case by the owner thereof or his assignee.