Section 4. A joint tenant or tenant in common of undivided land who cuts down, destroys or carries away trees, timber, wood or underwood standing or lying on such land, or digs up or carries away stone, ore or other valuable thing found there, or commits any other waste, without first giving thirty days' notice in writing under his hand to all other persons interested therein or to their respective agents or attorneys of his intention to enter upon and improve the land, or who does any of said acts during the pendency of a petition or other proceeding for the partition of the land shall forfeit three times the amount of the damages assessed therefor.