Whoever, in the presence of a justice named in section one or before a court of record, makes an affray, or threatens to kill or beat another, or to commit any violence or outrage against the person or property of another, or contends with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize to keep the peace or be of good behavior for not more than three months, and in case of refusal may be committed as provided in section five.
Mass. Gen. Laws ch. 275, § 14