§ 49. Incompetency of peacemakers. A peacemaker shall not act in any case where he shall be related to either of the parties within the fourth degree by the common law, or has any interest in the action or proceeding. If two members of a peacemakers' court shall be incompetent to act, the remaining peacemaker shall associate with himself any two members of the council residing on the reservation not disqualified by such relationship or interest, for the hearing and determination of the action or proceeding, and such peacemaker and members of the council or any two of them shall have all the power and authority conferred upon peacemakers in relation to such action or proceeding.