A copy of a court order served for the purpose of enforcement by committal must be endorsed with the penal notice required by r.66.10(3); absence of the endorsement prevents committal unless it can be demonstrated beyond reasonable doubt that the person charged was aware of the consequences of breach. However, the absence of the endorsement does not invalidate a finding of contempt, nor does it remove the court's power to impose a fine as distinct from committal. Where contempt proceedings below were conducted on the false premise that the endorsement was present, an appellate court will permit the issue to be raised for the first time on appeal.
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