According to the Constitution, each magisterial district is a separate school district, and the magisterial district furnishes the basis of representation on the county or city school board. In cities which have a population of at least one hundred and fifty thousand, school boards have the authority to decide for themselves, with the approval of the local legislative body, the number and the boundaries of their school districts. The General Assembly has the right to consolidate into one school division, if it deems it advisable, one or more counties or cities with one or more counties or cities. Each division school board is empowered to select the superintendent of schools for its own division or district. In case a local school board fails to make such an appointment within a prescribed time, the State Board of Education then appoints the superintendent in that district. In 1810 a Literary Fund was created as a permanent fund to be used to defray educational expenses in Virginia. This money originally came from the proceeds of public lands donated by Congress for public free school purposes, from unclaimed property, from property which the state received through forfeiture, from fines collected for offenses against the state and from other funds appropriated by the General Assembly. The only money in the fund which must, by constitutional requirement, be apportioned on a basis of school population for the benefit of the primary and grammar school levels is the annual interest on the Literary Fund, one dollar of the State capitation tax (total State capitation tax, $1.50) and an amount equal to an annual tax on property of not less than one nor more than five mills on the dollar. The school population in this instance refers to the number of children in each school district between the ages of seven and twenty years. Each school district has the authority to raise additional sums of money for educational purposes by levying a school tax on property, a maximum amount being established by the law. The Board of Supervisors in the county area and the Council in the town or city areas have the authority to levy and collect local school taxes.