21-424 - Defects in the proceedings; construction of chapter.
§ 21-424. Defects in the proceedings; construction of chapter.
The provisions of this chapter shall be liberally construed to promote theleveeing, ditching, draining, and reclamation of wet and overflowed lands.The collection of the assessment shall not be defeated where the propernotices have been given by reason of any defect in the proceedings occurringprior to the order of the court confirming the final report of the board ofviewers; but such order or orders shall be conclusive and final that allprior proceedings were regular and according to law, unless they wereappealed from. If, on appeal, the court shall deem it just and proper torelease any person or to modify his assessment or liability, it shall in nomanner affect the rights and liabilities of any person other than theappellant, and the failure to perfect an appeal within sixty days from theorder of the court finally establishing the project shall be a waiver of anyillegality in the proceedings, and the remedies provided for in this chaptershall exclude all other remedies.
Proceedings under this chapter shall have precedence over all othersexcepting writs of habeas corpus, prohibition, and mandamus and shall beheard at the time set for a hearing by the court or the judge thereof invacation with the least possible delay. The widest latitude shall be allowedby the court to hasten urgent cases, where evidence is available to prove theserious consequences resulting from the flooding of the cultivated lands forwhich relief is asked.
(Code 1919, § 1779; 1926, p. 627; 1954, c. 642.)