Section 76. Whoever lays out, opens, or makes a highway or town way, or constructs a railroad or canal, or any other thing in the nature of a public easement, over, through, in or upon any part of an enclosure, which is the property of a city, town, parish, religious society or of private proprietors and is used or appropriated for the burial of the dead, unless authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.