When a person stops masts, spars, square timber, logs, or sawed lumber and confines it in a place in this State, so as to prevent it from floating down a stream in or adjoining this State, such lumber being marked with the owner's name or mark, or destroys, makes use of, or disposes of the same, except such as becomes forfeit, he or she shall be liable to the owner for three times the value of the lumber, if it is found on trial that the same was done in bad faith, otherwise the judgment shall be for the actual damages.