Mass. Gen. Laws ch. 114, § 41: Laying out or constructing public ways in, upon or through burial places; authority

Section 41. A public way shall not be laid out or constructed in, upon or through an enclosure used or appropriated for a burial place except by special authority from the general court or with the previous consent of the inhabitants of the town where such enclosure is situated; or, if such enclosure belongs to private proprietors, with their previous consent.