Opinion No. 36-1252
January 4, 1936
TO: Honorable Elliott Barker, State Game Warden, Santa Fe, New Mexico.
{*91} We have your letter of January 3rd relative to the second paragraph of Section 57-401, 1929 Compilation, which reads as follows:
"For the purposes of this act any unnaturalized, foreign born person who shall reside or live in this state, or in any of the adjoining states, for five consecutive days, shall be considered a resident and be liable to the penalties imposed for violation of the provisions of this act."
From the language above quoted, it appears to me that any alien coming into the State of New Mexico and remaining here for five consecutive days becomes a resident within the meaning of the Act. I do not think that under this Act the intention is that the alien should acquire a domicile in this State. The language seems to convey the meaning that if the alien lives in the State for five consecutive days he becomes a resident within the meaning of the Act.
By: QUINCY D. ADAMS,
Asst. Atty. General
1935
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